N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.11

Current through Register Vol. 46, No. 43, October 23, 2024

Section 179-3.11 - Criteria for participation in a continuous temporary release program

(a) A continuous temporary release program is a program under which an eligible and approved resident is granted the privilege of leaving the premises of a facility on a daily basis, for a period not exceeding 14 hours in any day, for the purpose of participating in a work release program, an educational leave, a community services program or an industrial training leave as described in section 179-3.4 of this Subpart. Approval by the director of the division of a resident's participation in any continuous temporary release program also implies approval of the resident's participation in all other temporary release programs at the discretion of the temporary release committee chairperson and the facility director. No out-of-state continuous temporary release applications will be approved.

(b) Types of continuous temporary release programs.

(1) Work release program. A work release program is a continuous temporary release program under which an eligible and approved resident may be granted the privilege of leaving the premises of a facility designated for such purposes by the director of the division, for a period not exceeding 14 hours in any day, for the purpose of on-the-job training or employment, or for any matter necessary to the furtherance of any such purposes.

(i) Facility staff and the temporary release parole officer shall assist residents who are eligible and suitable to participate in a work release program in any manner necessary to secure education, on-the-job training and employment opportunities and to participate successfully in the work release program.

(ii) No employment under a work release program may be approved or continued: if such employment results in the displacement of employed workers, or is applied in skills, crafts or trades in which there is a surplus of available labor in the locality; or if the rates of pay and other conditions of employment are not at least equal to those paid or provided for work of similar nature in the locality in which the work is to be performed; or if there is any labor strike or lockout in the establishment in which the resident is employed.

(iii) A resident who has been approved to participate in a work release program, and who is unemployed, may be granted a job search furlough by the temporary release committee chairperson or the facility director for the purpose of attending employment interviews or searching for employment. Such a furlough shall not exceed eight hours' duration. These job search furloughs are not continuous and must be decided on a case-by-case basis each time the resident requests such a furlough. A new temporary release memorandum of agreement shall be prepared and signed by the resident each time he leaves the facility on a job search furlough.

(iv) On those days when the resident remains in the facility, he shall be interviewed by the facility vocational specialist or similarly trained staff member, or, in that person's absence, by his facility counselor or the temporary release parole officer, his job search activities evaluated, and future job leads developed. Any employment interviews scheduled for the resident shall be verified in advance whenever possible. The resident's job search efforts also shall be verified.

(v) A temporary release participant may not be employed by or with a codefendant, work at the scene of his crime, or be employed by the same company if his crime was related in any way to his employment, without the prior written approval of the temporary release parole officer and the temporary release committee chairperson.

(vi) The temporary release parole officer or the temporary release committee chairperson may disapprove an employment program if, in his judgement, the resident may have too great an opportunity to commit a crime.

(vii) A continuous temporary release participant must receive the prior written approval of the temporary release parole officer, the temporary release committee chairperson and the facility director, before he may become self-employed while participating in a continuous temporary release program. Such approval shall be granted only in exceptional circumstances and shall be contingent upon the resident's compliance with all applicable laws and licensing procedures.

(2) Educational leave. Educational leave is a continuous temporary release program under which an eligible and approved resident may be granted the privilege of leaving the premises of a facility, for a period not exceeding 14 hours in any day, for the purpose of educational or vocational training, or for any matter necessary to the furtherance of any such purposes. In order for a resident to be approved to participate in an educational release program, he must have submitted an application for admission to a program of study at an accredited college, university or vocational training program which has agreed to maintain a record of his class attendance. In the case of a resident who must be transferred to another facility in order to participate in an educational leave program, the resident must receive confirmation of his admission to a college, university or vocational training program prior to his transfer.

(3) Community services program. A community services program is a continuous temporary release program under which an eligible and approved resident may be granted the privilege of leaving the premises of a facility, for a period not exceeding 14 hours in any day, for the purpose of participating in a volunteer or community services work project.

(4) Industrial training leave. Industrial training leave is a continuous temporary release program under which an eligible and approved resident may be granted the privilege of leaving the premises of a facility on a daily basis, for a period not exceeding 14 hours in any day, for the purpose of participating in an industrial training leave program under which the resident shall be assigned to the supervision of a Federal, State, county or local government employee who is not a division employee and permitted to assist such government employee in performing his job assignments.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.11